Judiciary

A stack of boxes outside a door

Politics This Week with John DePetro: In and Out of Power and Everything In Between

By Justin Katz | September 20, 2021 |

John and Justin talk about people and groups that are in and out of political races and trends.

Parents have to stand up for their kids’ rights, as they’re doing in Rhode Island, but beware the judiciary and media.

By Justin Katz | September 17, 2021 |

It’s encouraging to see that some families in Rhode Island have had enough and are willing to take to court to defend their civil rights, as Kim Kalunian reports on WPRI: Sixteen parents and grandparents have filed a lawsuit against Gov. Dan McKee over his statewide school mask mandate. The complaint, filed in Providence Superior…

First Circuit Court of Appeals building

Haughty First Circuit Court Rebuffs Gaspee Project’s Appeal to Protect Donors

By Justin Katz | September 16, 2021 |

The First Circuit’s ruling in Gaspee vs. the Board of Elections is a bad omen, but the contempt the judges show is worse.

Mother touching baby's hand

The Thomas More Society has entered the lawsuit against Rhode Island’s abortion “codification” statute.

By Justin Katz | August 23, 2021 |

Not so surprisingly, I haven’t seen much news concerning a lawsuit pro-life organizations filed in 2019 against the state’s new law “codifying” abortion into law in case Roe v. Wade is overturned.  There has been a development, however, according to Brian Fraga of the Rhode Island Catholic reports: In its brief, which was submitted to the Supreme…

Statue of justice

Standing does matter in our legal system, but our courts are undermining it.

By Justin Katz | June 29, 2021 |

Writing from the Meese Center for Legal and Judicial Studies at the Heritage Foundation, GianCarlo Canaparo offers a short explainer of why standing matters in legal proceedings and how the judiciary is currently making a mess of it. Both of those points are valuable to read, because the reason to limit cases based on standing…

Gavel with a speech bubble

On big rights issues, the courts are like a backup fail-safe, not a strategy.

By Justin Katz | May 12, 2021 |

Ethan Yang, in a post for the American Institute for Economic Research, asks, “Why Have the Courts Been Deferential to Lockdowns?”  Yang addresses legal principles and tests, such as “rational basis” and “the narrowly tailored standard” and writes: Hollow phrases such as “the common good,” “the public interest,” and “reasonable” give enormous discretion to judges…

Analyzing Roberts–and Politics’ Role–in Wake of Health Care Ruling

By Marc Comtois | June 29, 2012 |

While disagreeing with the outcome, Charles Krauthammer has some ideas as to why Chief Justice Roberts may have ruled as he did in the Health Care case: Why did he do it? Because he carries two identities. Jurisprudentially, he is a constitutional conservative. Institutionally, he is chief justice and sees himself as uniquely entrusted with…

Civically Valuable Performance Art Courtesy of the Supreme Court

By Carroll Andrew Morse | March 29, 2012 |

During Tuesday’s oral arguments over Obamacare, Supreme Court Justices Clarence Thomas and Stephen Breyer apparently teamed up to pay tribute to the old adage, attributed to Abraham Lincoln and Mark Twain amongst others, that it is “better to remain silent and be thought a fool than to speak out and remove all doubt”. Justice Thomas…

All in the Judiciary’s Hands

By Justin Katz | July 4, 2011 |

The precedent that this ruling out of Michigan, related to a constitutionally created ban on affirmative action, sets is astonishing: The 2-1 decision upends a sweeping law that forced the University of Michigan and other public schools to change admission policies. The 6th U.S. Circuit Court of Appeals said the law, approved by voters in…

A Due Respect for Political Patronage Job Holders

By Justin Katz | December 27, 2010 |

Looking out the window prior to work, today, brings to mind this article about truants that I’ve been meaning to note for a few weeks, now: For years, magistrates for Rhode Island Family Court’s truancy program have imprisoned students who misbehave during hearings on their attendance, despite a state law created to keep the government…

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